GENERAL TERMS AND CONDITIONS OF SALE AND USE
The website joint-de-montre.com (URL https://www.joint-de-montre.com/) is operated by MY-MONTRE.com, which runs the site. Any order for a product listed on the JOINT-DE-MONTRE online shop requires prior consultation of these general terms and conditions of sale. The consumer therefore acknowledges being fully informed that their agreement to the content of these general terms and conditions does not require a handwritten signature, to the extent that the customer wishes to order the products presented in the website's shop online.
The consumer may save these general terms and conditions of sale, it being specified that doing so is the consumer's sole responsibility.
The online shop operated by MY-MONTRE.com on the website includes the following information:
- Legal notice allowing precise identification of the JOINT-DE-MONTRE company.
- Presentation of the essential characteristics of the goods on offer.
- Indication, in euros, of the price of the goods and, where applicable, of the shipping costs.
- Indication of the payment, delivery and execution arrangements.
- The existence of a right of withdrawal (see Article 16).
- The validity period of the offer or price.
- The conditions for terminating the contract where it is of indefinite duration or for a period of more than one year.
- All this information is provided in French. The consumer declares to have full legal capacity to undertake the obligations set out in these general terms and conditions of sale.
Article 1: Entirety
These general terms and conditions of sale express the entirety of the parties' obligations. Accordingly, the consumer is deemed to accept without reservation all the provisions set out in these general terms and conditions of sale. No general or specific condition appearing in documents sent or handed over by the consumer may be incorporated herein.
Article 2: Purpose
These general terms and conditions of sale set out the rights and obligations of the parties in the context of the online sale of goods and services offered by JOINT-DE-MONTRE to the consumer.
Article 3: Contractual documents
The contract consists of the following contractual documents, in decreasing hierarchical order: these general terms and conditions of sale and the order form. In the event of contradiction between provisions of different ranks, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into force - Duration
These general terms and conditions of sale enter into force on the date of order recording, that is, on its confirmation by the consumer when they tick the box labelled "I accept the general terms and conditions and the privacy policy" at the time of placing the order. These terms apply for the time needed to supply the ordered goods and services, until the warranties owed by JOINT-DE-MONTRE expire.
Article 5: Orders
You can place an order online: https://www.joint-de-montre.com/
The contractual information is provided in French and will be confirmed no later than at the moment of validation of your order.
JOINT-DE-MONTRE reserves the right not to register a payment and not to confirm an order for any reason whatsoever, in particular in the event of supply issues or difficulties relating to the order received.
Article 6: Electronic signature
The fact that the consumer ticks the box on the order form labelled "I have read the general terms and conditions of sale and accept them without reservation" constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 7: Order confirmation
The contractual information will be confirmed by e-mail no later than at the time of delivery, or, failing that, at the address indicated by the consumer on the order form.
Article 8: Evidence of the transaction
Computerised records kept in the IT systems of JOINT-DE-MONTRE under reasonable security conditions shall be regarded as evidence of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 9: Product information
9-a: JOINT-DE-MONTRE presents on its website the products for sale with the characteristics required to comply with applicable consumer-protection rules, enabling the potential consumer to know the essential characteristics of the products before placing a final order.
9-b: The offers presented by JOINT-DE-MONTRE are valid only within the limits of available stock.
Article 10: Prices
Prices are stated in euros and are valid only on the date the order form is sent by the consumer. They include shipping costs, which are indicated before validation of the order. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the product prices on the online shop. Full payment of the price must be made at the time of the order. The amounts paid may not at any time be considered as a deposit or part-payment.
Article 11: Payment method
To settle their order, the consumer may use any of the payment methods listed on the order form. The consumer warrants to JOINT-DE-MONTRE that they have the necessary authorisations to use the chosen payment method when validating the order form. JOINT-DE-MONTRE reserves the right to suspend any order processing and any delivery in the event of refusal of card payment authorisation by the officially accredited bodies or in case of non-payment. JOINT-DE-MONTRE in particular reserves the right to refuse delivery or to honour an order from a consumer who has not paid, in full or in part, a previous order or with whom a payment dispute is being handled. JOINT-DE-MONTRE has implemented an order verification procedure to ensure that no one uses someone else's bank details without their knowledge.
Article 12: Product availability
The order will be carried out at the latest within 3 days from the day following the consumer's placement of the order. If a product ordered is unavailable, in particular due to JOINT-DE-MONTRE's suppliers, the consumer will be informed as soon as possible and may cancel the order. The consumer may then choose either a refund of the sums paid within 30 days of payment, an exchange of the product, or wait for restocking, as the case may be.
Article 13: Validation of your order
Any order placed on the JOINT-DE-MONTRE website implies acceptance of these General Terms and Conditions. Any order confirmation entails your full and unreserved acceptance of these terms.
All data provided and the recorded confirmation will serve as evidence of the transaction. You declare to be fully aware of this. The order confirmation will serve as a signature and acceptance of the operations carried out. A summary of your order details will be sent to you at the e-mail address used for order confirmation.
Article 14: Returns
All our products benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with applicable law. In case of non-conformity of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made via the consumer's personal account within 30 days of delivery.
Products must be returned to us in the condition in which you received them, with all components (accessories, packaging, instructions, etc.).
Return and exchange shipping costs are at the consumer's expense. For each exchange, a new payment request for the shipping costs will be sent to you via PayPal.
The provisions of this Article do not prevent the right of withdrawal set out in Article 16.
Article 15: Delivery terms
Products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging on delivery and to report any transport damage on the delivery note as well as to JOINT-DE-MONTRE within one week (see Article 16). The consumer may, on request, have the invoice sent to the billing address rather than the delivery address by selecting the corresponding option on the order form. As soon as JOINT-DE-MONTRE dispatches an order, the consumer immediately receives an e-mail informing them.
If the delivery address provided to JOINT-DE-MONTRE does not allow the postal service to deliver the parcel to its final destination, JOINT-DE-MONTRE will contact you to resend the parcel to a different valid address, subject to additional shipping costs. If this second address also proves to be incorrect, JOINT-DE-MONTRE will refund you immediately upon receipt of the parcel at our premises, deducting the cost of the two shipments at the prevailing rate.
The delivery options offered on JOINT-DE-MONTRE are varied. The consumer may choose between tracked and untracked shipments. Shipping an order without tracking is at the consumer's own risk. If the consumer chooses simple letter shipping without tracking or guarantee, and the delivery is delayed or the parcel appears to be lost, JOINT-DE-MONTRE shall not be liable, and the consumer waives any form of recourse or refund related to this inconvenience.
LA POSTE (for tracked shipments only)
To minimise transport costs, all small or medium-sized products are sent in bubble envelopes. In addition to being economical, this type of envelope is delivered quickly throughout France. However, as with any shipment, delivery may be delayed or the product may go missing. In the event of a delivery delay compared with the date indicated in the dispatch e-mail, please notify us by e-mail. We will then contact La Poste to initiate an enquiry. An enquiry by La Poste may last up to 21 days from the date the investigation begins. If the product is found during this period, it will be redirected to your home immediately (in most cases). If the product is not found after the 21-day enquiry period, La Poste considers the parcel lost. Only then can we send you a replacement product at our expense, provided you chose the recommended delivery method. If the product(s) ordered are no longer available at that time, we will refund the amount of the products affected by the carrier's loss. If the products are still available but their selling price on the website has changed, the new selling prices will apply, and we will refund the difference by bank transfer. We accept no liability for delivery delays caused by the carrier, in particular in the event of lost products or strikes.
Article 16: Delivery issues caused by the carrier
Any irregularity concerning the delivery (damage, missing product compared with the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note as "handwritten reservations" signed by the customer. The consumer must also confirm this irregularity in writing to the carrier within two (2) working days of the delivery date by registered letter with acknowledgement of receipt setting out the complaints. The consumer must send a copy of this letter by ordinary mail to:
MY-MONTRE - Service JOINT-DE-MONTRE
BP 20075
31121 PORTET PDC
France
Article 17: Delivery error
17-a: The consumer must raise any complaint of delivery error and/or non-conformity of the products in kind or in quality compared with the information on the order form on the day of delivery or, at the latest, on the first working day after delivery. Any complaint made after this period will be rejected.
17-b: Complaints to JOINT-DE-MONTRE may be made by simple e-mail by logging into the JOINT-DE-MONTRE online shop website.
17-c: Any complaint not made in accordance with the rules defined above and within the allotted time cannot be taken into consideration and will release JOINT-DE-MONTRE from any liability towards the consumer.
17-d: Upon receipt of the complaint, JOINT-DE-MONTRE will assign an exchange number for the product(s) concerned and communicate it to the consumer by e-mail or telephone. A product can only be exchanged after an exchange number has been issued to the consumer according to the procedure described above.
17-e: In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to JOINT-DE-MONTRE complete, unworn and in its original packaging, as a tracked shipment, to the following address:
MY-MONTRE - Service JOINT-DE-MONTRE
BP 20075
31121 PORTET PDC
France
To be accepted, any return must first be reported to the JOINT-DE-MONTRE Customer Service.
Shipping costs are borne by JOINT-DE-MONTRE, except where it turns out that the returned product does not correspond to the consumer's original declaration on the return form.
Article 18: Product warranty
In accordance with applicable consumer-protection rules, these general terms and conditions of sale cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee the consumer against all consequences of hidden defects in the goods sold. The consumer is expressly informed that JOINT-DE-MONTRE is not the producer of the products presented on the website. Consequently, in the event of damage caused to a person or property by a product defect, only the producer's liability can be sought by the consumer. Given the frequent renewal of components in technical products, JOINT-DE-MONTRE may, on request, inform the consumer of the availability of spare parts and how to obtain them.
Article 19: Right of withdrawal
The consumer has 14 working days to return, at their own cost, products that do not suit them. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. Any return must first be reported to the JOINT-DE-MONTRE Customer Service by simple e-mail via the JOINT-DE-MONTRE online shop website.
The product must be returned to JOINT-DE-MONTRE in full, in its original packaging, as a tracked shipment, to the following address:
MY-MONTRE - Service JOINT-DE-MONTRE
BP 20075
31121 PORTET PDC
France
Only products returned complete, in their intact original packaging and in perfect resaleable condition will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the return shipping costs. When exercising the right of withdrawal, the consumer may choose between a refund of the sums paid or an exchange of the product. In case of exchange, redispatch is at the consumer's expense.
In case of exercise of the right of withdrawal, JOINT-DE-MONTRE will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires a technical check (e.g. products that must be tested beforehand). The consumer will then be credited on their bank account via PayPal (secured transaction) or Payline (depending on the payment method chosen at the time of the order).
Article 20: Rights of use
The right to use software from JOINT-DE-MONTRE and software distributed by it is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with applicable intellectual-property rules. Nevertheless, the consumer has the right to make a single back-up copy where this is necessary to preserve use of the software. In any event, the author of the software retains a property right in their work, which the consumer undertakes to respect.
Article 21: Force majeure
Neither party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. Any irresistible, external, unforeseeable, unavoidable event or circumstance independent of the parties' will, which cannot be prevented despite all reasonable efforts, shall be considered as fortuitous or force majeure. The party affected by such circumstances shall notify the other within ten working days of becoming aware of them. The two parties shall then meet, within one month except where force majeure makes it impossible, to examine the impact of the event and agree on the conditions under which the contract will continue. If the force majeure event lasts more than three months, these general terms and conditions of sale may be terminated by the aggrieved party. Are expressly considered as force majeure events or fortuitous events, in addition to those usually recognised by case law: the blockade of means of transport or supply, earthquakes, fires, storms, floods, lightning; the interruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 22: Partial invalidity
If one or more provisions of these general terms and conditions of sale are held invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 23: Non-waiver
The fact that one of the parties does not invoke a failure by the other party to comply with any of the obligations referred to in these terms cannot be interpreted as a waiver of the obligation in question for the future.
Article 24: Headings
In the event of difficulty of interpretation between any of the headings at the top of clauses and any of the clauses, the headings shall be deemed non-existent.
Article 25: Applicable law
These general terms and conditions of sale are governed by French law, both as regards substantive and formal rules. In case of dispute or claim, the consumer shall first contact JOINT-DE-MONTRE in order to obtain an amicable solution.
Article 26: Data protection
The information requested from the consumer is necessary for processing the order and may be communicated to JOINT-DE-MONTRE's contractual partners involved in fulfilling the order. The consumer may write to JOINT-DE-MONTRE, whose contact details are listed in the privacy policy on the website, to object to such communication or to exercise their rights of access and rectification regarding the information about them held in JOINT-DE-MONTRE's files, in accordance with applicable data-protection law. The consumer may also, as a priority, exercise their rights of access and rectification regarding their information through the forms available in the "My account" section, after logging in to the JOINT-DE-MONTRE online shop website.